Terms and Conditions

By electing to have Vitis LLC store your purchased wine at our premises, you are agreeing to the following terms and conditions. Please read them carefully.

1. Fees The fees for handling, inventorying and storage are described below, and are subject to change upon thirty (30) days' advance written notice to you.The cost of the first two weeks' of storage is included in your purchase price. If you wish us to store your wine beyond the first two weeks, our storage fees are $1.75 per case or part thereof per month or part thereof.

   Fees will be charged to the credit card you used to purchase your wine with us, which will be stored in our secure location. You hereby expressly authorize Vitis LLC to charge such credit card each month for all storage fees in accordance with these terms. Unpaid fees will accrue interest at the rate of 1% per month. We reserve the right to refuse to release any wine from storage until all fees are paid in full.

2. Pickup and Delivery Requirements. You may arrange to pick up your wine from our facility by contacting us at val@vitis.com and making an appointment. If you wish to have your wine delivered from storage to you, you may do so by contacting us at val@vitis.com and requesting delivery. We will coordinate the delivery of your wine on the terms specified in your original purchase. If the terms of your original purchase included the cost of shipping based on a specific multiple of bottles (for example, shipping included for multiples of four bottles) then you must request shipping in those multiples. If you wish to ship in other multiples, then the additional cost of the non-conforming shipments will be charged to the credit card you used to purchase your wine with us, which will be stored in our secure location. You hereby expressly authorize Vitis LLC to charge such credit card each for all such shipping fees in accordance with these terms.

   Title to, and ownership of, all wine passes from Vitis LLC to you in the State of New York and you take all responsibility for the shipping of it from New York to you home state. By arranging for transportation of the wine, Vitis LLC is providing a service to, and acting on behalf of you. By utilizing this service from Vitis LLC, you are representing that you are acting in a fashion compliant with your local and state laws regarding the purchase, transportation and delivery of wine. You represent that you have obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that you are 21 years of age.

3. Responsibility for Damage or Loss. The responsibility of Vitis LLC for any loss or damage to your wine while in our possession shall be limited to damage caused by our negligence. We will not be liable for any damage caused to your wine by flooding; fire; water damage; earthquake; hurricane or other severe weather; vibration; sprinkler leakage; terrorist act; force majeure; insect or rodent infestation; acts of God; seizure or other acts of civil or military authority; insurrection; riot; strike; enemies of the government; inadequate packing, temperature or humidity changes, latent defects your bottles or from any cause beyond our reasonable control. NEITHER VITIS LLC NOR ANY WAREHOUSEMAN AT THE FACILITY IS REQUIRED TO INSURE THE GOODS STORED WITH IT. Any liability of Vitis LLC or any warehouseman for loss or damage is limited to the occurrences set forth above, and in any event is limited as set forth in Section 5.

4. Termination. You may terminate this Agreement at any time by requesting pick up or delivery of all wine stored with us, and upon payment to us of all outstanding fees. We may terminate this Agreement on ten (10) business days' prior written notice to you and you shall thereafter notify us of the location your wine is to be delivered to. If no instructions are given to us regarding the delivery of your wine, it will be delivered to you at the address provided at the time of purchase. This Agreement holds for any and all your inheritors, designees, successors, assigns or other third parties entitled to claim through you.

5. Limitation of Damages and Claims. YOU ACKNOWLEDGE AND AGREE THAT DAMAGES ARE LIMITED TO ONE HUNDRED ($100.00) DOLLARS FOR EACH CASE LOST OR DAMAGED. You further acknowledge and agree that you will first look to your own policies of insurance for such compensation. You are aware that any policy of insurance maintained by you, whether a homeowner's policy or otherwise, may contain limits on coverage (or no coverage) for property stored outside of your home. You will review your policies of insurance and will determine in your sole discretion the amounts and types of coverage that you will maintain in connection herewith. You hereby waive any right of subrogation against Vitis LLC, its agents and employees for any loss or damage to the stored goods, and to notify its carrier of such waiver. No action may be maintained by you against Vitis LLC for loss or damage to the goods covered hereunder unless commenced within twelve (12) months after the date of original purchase. Vitis LLC shall in no event be liable for consequential or special damages resulting from the physical loss or damage to any property (including, but not limited to, the wine). Vitis LLC reserves the right upon receipt and inspection to refuse storage of any specific bottles or other containers of wine which it deems to be in poor condition, liable to leak or otherwise cause damage to other bottles or material goods.

6. Warehouseman's Lien. Vitis LLC reserves the right to claim a lien against all wine stored by you with it in the event that your Storage Fees remain in arrears for a period of 120 days following a 30 day notice. Vitis LLC may sell any wines for which storage or other charges remain outstanding after such 120 day period. The proceeds of such a sale shall first be applied to any indebtedness owing to Vitis LLC, and to any costs and expenses incurred with respect to the sale of any of your wine, and any efforts to collect such indebtedness. Any excess shall be remitted to you. You waive all requirements of notice, advertisement and disposition of proceeds required by law with the regard to and in furtherance of the warehouseman's lien.

7. Further Services. This Agreement shall apply to all further services rendered by Vitis LLC in addition to the storage of wine, including, but not limited to, pick up and/or delivery of the wine, and handling or inventory control. You shall not store anything at Vitis LLC's facility other than wine or other bottled alcoholic beverages. No inflammable combustible, explosive or other dangerous items, and/or items having an objectionable odor or which may spoil or decay, shall be stored by you on the premises. No items shall be stored in the space which shall be in violation of any order or requirement imposed by any board of health, sanitary department, police department or other government agency, or in violation of any other legal requirement. You agree that the facility will not be used for human or animal occupancy. Vitis LLC is not licensed to serve nor allow customers to serve alcoholic beverages on the premises and such consumption is strictly prohibited. Vitis LLC performs the above services as described.

8. Indemnification. You shall and hereby do hold Vitis LLC, its officers, managers, members, partners, agents, employees and assigns harmless from all claims for loss or damage to property caused by your acts or omissions.

9. Access. You or your designee shall have access to Vitis LLC's office/receiving area for the purpose of picking up stored goods. Access to primary storage areas shall be restricted unless with the permission of company personnel and accompanied by company personnel.

10. Miscellaneous. This Agreement represents the entire and only agreement between the parties herein and overrides all prior negotiations, representations contracts, agreements, either written or oral. This Agreement does not create a partnership, employment or agency relationship between the parties. This Agreement is governed by New York law. EACH PARTY WAIVES TO THE FULLEST EXTENT PERMITTED BY LAW TRIAL BY JURY OF ALL CLAIMS RELATING TO THIS Agreement. Each party consents to the exclusive jurisdiction and venue of courts in New York, NY for all disputes relating to this Agreement. The prevailing party in any such dispute may recover its reasonable attorneys' fees, costs and expenses from the other party. No term of this Agreement may be waived, modified or amended without a writing executed by both parties. If any term of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will continue in effect. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. This Agreement may also be executed via facsimile, which shall be deemed an original.